Citation NR: 9706643
Decision Date: 02/28/97 Archive Date: 03/05/97
DOCKET NO. 94-36 305 ) DATE
)
)
On appeal from the
Department of Veterans Affairs Regional Office in Wichita,
Kansas
THE ISSUE
Entitlement to service connection for the residuals of an
upper back injury.
REPRESENTATION
Appellant represented by: The American Legion
ATTORNEY FOR THE BOARD
Melissa Brown, Associate Counsel
INTRODUCTION
The veteran had active service from June 1988 to September
1992 with subsequent periods of active duty for training.
This matter comes before the Board of Veterans’ Appeals
(Board) on appeal from an August 1994 rating decision by the
Department of Veterans Affairs (VA) Regional Office (RO) in
Wichita, Kansas, which denied the veteran’s claim for service
connection for the residuals of an upper back injury.
Service connection was granted by the RO in a January 1994
rating decision for a chronic low back disorder among other
disabilities.
REMAND
Service records indicate the veteran was treated for a May
26, 1993, injury to the thoracic area of his back. The
veteran contends that, as the result of the injury, he
experiences continued problems with his upper back as well as
numbness of the right hand. Medical records and service
records dated since that injury contain diagnoses for a
variety of ailments including chronic back pain, cervical
stiffness, thoracic paraspinous strain, and mild scoliosis of
the dorsal spine among others. An examination to clarify the
nature and etiology of the veteran’s current condition would
be helpful in deciding this appeal.
It is herein noted that the current record shows that the
veteran had recently been awarded Social Security disability
benefits, in part, as a result of the residuals of back
injury.
After reviewing the current record, the Board finds that the
current claim should be REMANDED to the RO for the following:
1. The RO should contact the veteran and
inquire as to the sources of all medical
care, private or VA, in the last four
years for the claimed residuals of his
May 1993 upper back injury. The RO
should contact the health care
provider(s) identified and request copies
of all health care records, not already
on file, relating to treatment of the
veteran. All documents received should
be associated with the veteran’s claims
file.
2. The originating agency should
request, from the Social Security
Administration, legible copies of those
portions of the evidentiary record,
including medical records and vocational
reports, upon which the grant of
disability benefits was based. If the
veteran’s records are unavailable, the
Social Security Administration should be
requested to so advise the VA by letter.
All documents received should be
associated with the veteran’s claims
file.
3. Upon completion of the above, the
veteran should be afforded VA orthopedic
and neurologic examinations to determine
the nature of any current upper back or
upper extremity disabilities. All
necessary tests and studies should be
conducted, and all clinical
manifestations should be reported in
detail. The claims folder must be made
available to the examiners for review
before the examinations. The examiners
are requested to provide an opinion as to
the likelihood that any current upper
back or upper extremity disability is a
residual of the May 1993 upper back
injury incurred while on active duty for
training. Reasons and bases for all
conclusions should be given.
The claims file, including a copy of this
REMAND, must be made available to the
examiners before the examinations, for
proper review of the medical history.
The examination reports are to reflect
whether such a review of the claims file
was made.
4. After the development requested above
has been completed to the extent
possible, the RO should again review the
record. If the benefit sought on appeal
remains denied, the veteran and
representative should be furnished a
supplemental statement of the case and
given the opportunity to respond thereto.
Thereafter, the case should be returned to the Board, if in
order. The Board intimates no opinion as to the ultimate
outcome of this case. The veteran need take no further
action until notified.
HILARY L. GOODMAN
Acting Member, Board of Veterans' Appeals
The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, 741
(1994), permits a proceeding instituted before the Board to
be assigned to an individual member of the Board for a
determination. This proceeding has been assigned to an
individual member of the Board.
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of a
preliminary order and does not constitute a decision of the
Board on the merits of your appeal. 38 C.F.R. § 20.1100(b)
(1995).
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